AGREEMENT

This Agreement is made and entered this 13th day of November, 2017, by and between

the Fox Chapel Area School District (?the District?) and Gene Freeman, Ed. D. Freeman?

or ?District Superintendent?).

WHEREAS, the District at a duly called meeting of the Board of School Directors

(?Board?) on the l3Ill day of November, 2017, did re-elect Dr. Freeman to the of?ce of District

Superintendent of the Fox Chapel Area School District in accordance with the Public School
Code, and

WHEREAS, the parties have agreed upon certain terms and conditions of employment

and have reduced the terms and conditions to writing.

[0

NOW, THEREFORE, intending to be legally bound hereby the parties agree as follows:

TERM OF EMPLOYMENT

The District does hereby employ Dr. Freeman to serve as District Superintendent for a
term of ?ve (5) years commencing on July 1, 2018, and ending no later than June 30,
2023.

This Agreement shall terminate on June 30, 2023 unless allowed to renew automatically
pursuant to Section 1073(b) of the Public School Code of 1949. However, it is mutually
agreed that if the Board does not intend to retain Dr. Freeman beyond the stated term, it
shall provide Dr. Freeman with written notice no later than June 1, 2022.

COMEENSATION

Salary. The initial annual salary for the period from July 1, 2018, until June 30, 2019,
shall be equal to his current annual salary of $2]6,5 1.00, plus an annual salary increase
based on Dr. Freeman?s 2017-18 performance evaluation, which will be determined in
accordance with general terms and conditions in paragraph 4, Annual Increases. Payment
of this salary shall be made in equal installments in accordance with District policy or
practice governing twelve (12) month employees.

Annual Increases. On July 1st of each subsequent year this Agreement is in effect, Dr.
Freeman will be eligible to receive annual salary increases in accordance with general
terms and conditions below:

Gc-nc Freeman, 
2018-2023

Annual increases shall be based upon a performance evaluation of ?Pro?cient? or
?Distinguished? as determined by the Board. The evaluation instrument will be
developed by the Board. Evaluation shall contain the following performance ratings:
Distinguished, Pro?cient, Needs Improvement, and Failing.

Annual increases will be based on the Act 1 Index set by the Commonwealth of
and the US. Department of Labor and Industry, Consumer Price Index
(CPI) for April for the US City Average and determined by the District
Superintendent?s level of performance. The following chart will illustrate how the
increases will be awarded and added to the base salary.

 

 

 

 

 

 

 

 

 

 

Consumer Price
Index Pro?cient Distinguished
2% 3% 3.4%
3% 3% 3.4%
4% 3% 3.4%
5% 3 4.0%
6% 3.4% 4.5%

 

5. Goals - Contribution. Beginning July 1, 2018, and July of each
subsequent year this Agreement is in effect, Dr. Freeman shall be eligible to receive a
403(b) contribution not to exceed ten thousand dollars. Each such
contribution shall be based upon the Board?s determination that Dr. Freeman has
successfully completed Board established goals in the areas of Budget and Finance,
Student Achievement and Communications for the preceding school year. The speci?c
goal or goals in each identi?ed area will be set by the Board at the time of Dr. Freeman?s
annual evaluation. If Dr. Freeman chooses, he may elect a cash payment to be deposited
into a 457 account.

6. For all purposes under this Agreement, Dr. Freeman will pay any third-party
administrator participant fees not reimbursed by 403(b) or 457 vendors and shall be
responsible for the tax consequences of any election made by him.

7. 403(b) Contribution. The District shall contribute $1.00 for every $2.00 contributed
into a 403(b) Plan chosen by Dr. Freeman. The maximum Board contribution any school
year shall not exceed $6,000.

8. Per Diem. Dr. Freeman?s per diem shall be based upon a 245?day year. Paid vacation
days shall be considered part of the 245 days.

9. Vacation Days. In addition to all established District holidays for members of the
Administrative Compensation and Performance Appraisal Agreement (Act 93 Plan), Dr.
Freeman shall receive thirty-?ve (35) days of vacation for each school year during the
term of this Agreement. Unused vacation days shall be reimbursed at the end of each
?scal year at the per diem rate of the annual salary in effect.

Gene Freeman, 
2018-2023

10.

ll.

l3.

l4.

Sick Days. Dr. Freeman shall receive twelve (12) sick days for each school year during
the term of this Agreement. Unused sick days shall be cumulative.

Limited Leave Days. Dr. Freeman shall receive three (3) limited leave days for each
school year during the term of this agreement at full rate of pay for absence during school
hours. At the conclusion of each year, unused limited leave days will be converted to sick
days and will be permitted to accumulate as sick days.

Bereavement. The subject of absences on account of death in the immediate family and
death of a near relative is not made part of this Agreement because the terms and
conditions shall continue to be those mandated by the School Code. As
additional terms, not mandated by the statute, it is agreed that:

a. Five (5) days leave shall be allowed when death occurs to spouse, child, parent, step-
parent or any person with whom Dr. Freeman has made a home and is still residing
therein.

b. Three (3) days leave shall be allowed when death occurs to sister, brother, mother-in-
law, father-in-law, daughter-in-law, son-in-law, step-brother, step-sister, step-child,
half-brother, half?sister, grandparent, or grandchild, except as hereafter provided.

c. When a near relative dies, Dr. Freeman shall receive one (1) day of leave, except as

hereafter provided. Near relatives include ?rst cousin, aunt, uncle, niece, nephew,
brother-in-law, and sister-in-law.

Leave of Absence. Dr. Freeman may request and shall be entitled to take leaves of
absence in accordance with the general terms and conditions applicable to members of the
Act 93 Plan as set forth in District policies and regulations then in effect.

Health, Dental and Vision Insurance Bene?ts. Dr. Freeman shall be entitled to
participate in the District?s health care, dental and vision plans provided to members of
the Act 93 Plan. The District Superintendent shall contribute toward the cost of these
bene?ts according to the Act 93 Plan.

The District will cover the entire cost of the Dental and Vision insurance.

Dr. Freeman may elect to take a cash payment in lieu of the insurance coverage as
follows:

Health Care Insurance $2,500 per full year of uncovered service
Dental Insurance 35 100 per full year of uncovered service

The parties to this Agreement agree that this provision shall be amended to be consistent
with any changes to the contribution for health, dental, and vision insurance provisions
set forth for members of the Act 93 Plan.

Gene Freeman, 
2018-2023

15.

16.

17.

18.

19.

Life During his employment with the District, the District shall
make all premium payments associated with a term life policy providing a death bene?t in
amount equal to $1,100 of insurance for each $1,000 of his basic salary to the nearest
$1,000 of the basic salary plus $25,000. This policy shall be issued by the District?s
current program provider. In addition, the District will provide Dr. Freeman with a
maximum of two thousand ($2,000) dollars annually for a life insurance policy or as a
contribution to a Plan, at the election of Dr. Freeman. Dr. Freeman may
annually review and change his election.

Flexible Bene?ts. In addition to any salary increase, a scheduled sum of money shall be
made available to Dr. Freeman on a performance basis to be applied toward the choice of
such programs as tuition payment, expanded life accident/health/disability insurance,
Plan, professional dues, etc. Any contributions shall be as follows:

Total

Performance Amount of
Rating Flex Bene?ts
2.6-3.0 $3,500
3.1-3.5 $4,300
3.6-4.0 $5,100
4.1-4.5 $5,900

Disability Insurance. Dr. Freeman shall be provided, with the District bearing the cost,
long?term disability insurance that has bene?ts in the amount of six?thousand 
dollars per month with a maximum period payable until the age of 65.

In the event that, during the term of the Agreement, Dr. Freeman becomes entitled to
disability retirement under the Public School Employees' Retirement System, in addition
to the compensation to which he is entitled under paragraph 36 of the Agreement, Dr.
Freeman shall be entitled to continuation, until the age of 65, of payment of the premium
of the term life insurance policy providing a death bene?t in equal to Dr. Freeman?s
annual salary.

Accidental Death and Dismemberment Insurance. During his employment with the
District, the District shall make all premium payments associated with a term life policy
providing a death bene?t (dependent on basic salary in effect at the time of death) equal to
$1,100 of insurance for each $1,000 of basic salary to the nearest $1,000 of the basic
salary plus $25,000.

Travel/Certain Expenses. Dr. Freeman shall be reimbursed for travel related expenses,
including mileage, in accordance with existing District policies, including Policy 331, and
Internal Revenue Service rules and regulations.

Gene Freeman, 
2018-2023

The duties of the District Superintendent may require the presence of Dr. Freeman at
meetings, conventions, and conferences in order that he may maintain awareness of
current programs, problems, and information. His attendance at seminars, work-shops, in-
service programs, school activities, and graduate education programs may be necessary to
maintain the knowledge and skills required of his position. The District shall pay or
provide reimbursement to Dr. Freeman for such activities in accordance with existing
District policies or procedures or as may be agreed upon by the Board and Dr. Freeman.
Approval of the Board is required for any and all such activities.

Tuition Reimbursement. Dr. Freeman will be eligible for tuition reimbursement for any
course work that is related to education, administration, educational leadership, or his job
duties and responsibilities. Up to twelve (12) graduate credits will be paid in ?ll! each
?scal year. Additional credits earned beyond the twelve (12) (within the same ?scal year)
will be reimbursed in full a year after the course(s) are completed in accordance with
current grade requirements for reimbursement.

Professional Memberships. During the term of this Agreement, the District shall pay
the annual membership dues and fees for Dr. Freeman for up to ?ve (5) professional
organizations.

All compensation and bene?ts are set forth exclusively in this Agreement.

OFESSIONAL ALIFICAT ONS

Quali?cations. Dr. Freeman covenants that he possesses all of the quali?cations required
by law to serve as a Public School District Superintendent in the Commonwealth of
and that he will maintain all required quali?cations throughout his term as
District Superintendent. Dr. Freeman further agrees to subscribe to and take the oath of
of?ce before entering upon his duties, in accordance with Section 1004 of the Public
School Code.

RESPONSIBILITIES 0E I DISTRICT SUPEEINTENDENT

Dr. Freeman, as the District Superintendent, is responsible for the administration of the
schools under the direction of the Board, and in compliance with all the requirements of
Board policy and the Public School Code. Dr. Freeman is also responsible for all duties
speci?cally enumerated in thejob description on ?Appendix attached hereto and
incorporated herein by reference. Dr. Freeman shall recommend, administer and enforce
the policies and programs of the Board. No duties will be performed that con?ict with
Board policy.

Dr. Freeman shall have a seat on the Board and the right to speak on all issues before the
Board, but shall not have the right to vote. Dr. Freeman or his designee(s) shall have the
right to attend all regular and Special meetings of the Board and all committee meetings
thereof, excepting (at the option of the Board) those executive sessions relating to his own

Gene Freeman, 
2018-2023

employment or his performance evaluation, and shall serve as adviser to the Board and its
committees in all matters affecting the District, and he will inform the Board as to
administrative actions taken on its behalf.

ROLE OF THE SCHOOL BOARD AND THE DISTRICT SUPERINTENDENT

The Board has a dual role: To represent the concerns of the citizens, taxpayers, and
parents to the school administrators, and to represent the needs of the students and School
District to the citizens, taxpayers, and parents of the community. The Board does not
Operate the District on a day-to-day basis; this is the job of the District Superintendent,
who is the District?s chief executive of?cer. Rather, the Board, in consultation with the
District Superintendent, sets the policies, goals, and objectives for the District, and holds
the District Superintendent responsible for achieving the goals.

At any given time, the Board reviews guidelines and policies and has questions
concerning their implementation, the Board President will bring those concerns to the
District Superintendent. If corrective action concerning guidelines and/or policies is
needed, the Board will advise the District Superintendent and give appropriate time
measures for the District Superintendent to make corrective action.

EVALUATION AND OBJECTIVE PERFORMANCE
STANDARDS AND ASSESSMENT

The performance of the District Superintendent shall be assessed against the objective
performance standards listed below. The Board and District Superintendent hereby
mutually agree to the following performance standards:

Student Growth and Achievement: The District Superintendent uses multiple data
sources to assess student success and growth as appropriate, speci?c to needs within the
District and as determined annually in collaboration with the Board. Annual or other
District performance objectives are articulated and clearly achieved under the direction of
the District Superintendent relative to PSSA, PVAAS, and other locally determined
measures.

Organizational Leadership: The District Superintendent has worked collaboratively
with the Board to develop a vision for the District, displays an ability to identify and
rectify problems affecting the District, works collaboratively with District administration
to ensure best practices for instruction, supervision, curriculum development, and
management are being utilized, and works to in?uence the climate and culture of the
District.

District Operations and Financial Management: The District Superintendent manages
effectively, ensuring completion of activities associated with the annual budget;
overseeing distribution of resources in support of District priorities; and directing overall
operational activities within the District.

I Gene Freeman, 
2018-2023

30.

31.

Communication and Community Relations: The District Superintendent
communicates with and effectively engages the staff, the Board, and members of the
community, clearly articulating District goals and priorities, addressing local and broader
issues affecting the District, and building support for District initiatives, programs and
short/long-range plans.

Human Resource Management: The District Superintendent incorporates best
practices for human resource management and oversight, coordinating staf?ng,
recruitment, and other human resource ?mctions.

Professionalism: The District Superintendent models professional decision-making
processes and ethical standards consistent with the values of public
education system as well as that of the local community. The District Superintendent
additionally works to individually re?ect upon his effectiveness within the role, and
works to improve effectiveness through the use of professional deveIOpment literature
and activities.

The key performance indicators under each objective performance standard will undergo
an annual review by the District Superintendent and the Board of School Directors.
Modi?cations may be made by the Board of School Directors to address the current
nature of challenges, issues and needs facing the District. The Board shall provide the
District Superintendent with periodic opportunities to discuss District
Superintendent/Board relationships.

In December of the evaluation year, a simple survey will be given to each member of the
Board to assess the District Superintendent?s progress toward meeting the goals.

The Board should determine byfbefore March 1 of the evaluation year if any issues need
to be resolved within the District Superintendent?s responsibilities as relating to a less than
?pro?cient? rating. Any evaluation of the District Superintendent by a Board member that
is less than ?pro?cient? will be cause for the District Superintendent to request a meeting
with said Board member and the Board President, providing the factual evidence to
support the Board member?s evaluation.

The Board shall evaluate the District Superintendent annually in accordance with Public
School Code, statutes, regulations and Board policy relating to the District Superintendent
evaluation. Each annual evaluation shall be in writing and shall represent a consensus of
the Board. The written performance assessment will be completed no later than June 
of each year during the term of this Agreement. The District Superintendent's performance
related to the objective performance standards will be posted annually on the District's
website.

Gene Freeman, 
2018-2023

33.

34.

35.

36.

TE MINATION OF MPLOYM NT

Throughout the term of this contract, Dr. Freeman shall be subject to discharge in
accordance with and for valid reasons Speci?ed in the Public School Code and District
policy. In the event Dr. Freeman is so discharged from employment, this contract shall be
terminated, with no additional bene?ts provided.

Severance. If Dr. Freeman?s employment is terminated by mutual agreement of the
parties:

a. two (2) years or more prior to the end of the term of this Agreement, Dr. Freeman
shall receive severance compensation that shall not exceed the equivalent of one
year?s compensation and bene?ts due under this Agreement.

b. less than two (2) years prior to the end of the term of this Agreement, Dr. Freeman
shall receive severance compensation that shall not exceed the equivalent of ?fty
(50) percent of one (1) year?s compensation and bene?ts due under this Agreement.

The compensation due under this paragraph shall be payable within thirty (30) days of the
termination and execution of any agreed upon compromise or release.

Resignation. This Agreement may be unilaterally terminated by Dr. Freeman, at any
time, provided that he gives written notice to the Board at least ninety (90) days prior to
the effective date of resignation. The Board may, at its sole discretion, waive the ninety
(90) day notice provision and accept an earlier resignation date. The severance set forth
in paragraph 34 shall not be due if the District Superintendent unilaterally terminates this
Agreement.

a. Sick Days. Upon resignation and notice to the Board, sick days accrued during
service to the District shall be reimbursed as per the Act 93 Plan to be deposited into
a 403(b) account with an approved vendor. In the event Dr. Freeman resigns to take
a PSERS position elsewhere, sick days to be transferred to the new position shall not
be reimbursed by the District.

b. Vacation Days. Upon resignation and notice to the Board, Dr. Freeman shall be
eligible for unused vacation pay. Payment shall be at the per diem day rate of the
annual salary in effect at the time of resignation to be deposited into a 403(b)
account with an approved vendor or cash payment. Unused vacation days, for which
Dr. Freeman shall be paid, shall be deemed to have accrued at the rate of 2.9 days
per month from July 151 through resignation.

Retirement.

a. Sick Days. Upon retirement and notice to the Board, sick days accrued during
service to the District shall be reimbursed as per the Act 93 Plan.

Gene Freeman, 

2018-2023

b.

Vacation Days. Upon retirement and notice to the Board, Dr. Freeman shall be
eligible for unused vacation pay. Payment shall be at the per diem day rate of the
annual salary in effect at the time of retirement to be deposited into a 403(b) account
with an approved vendor or a cash payment. Unused vacation days, for which Dr.
Freeman shall be paid, shall be deemed to have accrued at the rate of 2.9 days per
month from July through resignation.

Compensation. In the event that Dr. Freeman provides the Board written notice at
least one (1) year prior to the effective date of his retirement, Dr. Freeman shall
receive retirement compensation equal to 80% of his then current salary, which will
be paid within 1 year of the effective date of his retirement.

Health, Vision, and Dental Insurance. The District shall provide for the same level
of healthcare insurance Individual, Husband/Wife) being provided to Dr.
Freeman as of the date of retirement for ten (10) years or until he becomes eligible
for a government provided or sponsored plan, whichever occurs ?rst.

After Dr. Freeman is no longer eligible due to age or death, his spouse may continue
to participate in the District?s healthcare insurance plans, at his/her personal expense
until eligible for a government provided or sponsored plan.

Dr. Freeman will be responsible for the contribution toward the cost of
health insurance bene?ts according to the Act 93 Plan in effect.

Dr. Freeman may purchase dental and/or vision insurance through the School
District at the current yearly cost of the bene?ts.

Notice of any premium increase for medical, dental and/or vision coverage will be
provided to Dr. Freeman at his last known address in the School District?s records.

If a change in School District insurance plans occurs, Dr. Freeman will be noti?ed
and required to change insurance plan(s).

Any payment(s) for premiums due from Dr. Freeman shall be paid by the 18th day of
the month preceding the month that the premium is due. If the premium is not
received in the School District Business Of?ce by the above-stated deadline, the
Business Of?ce will contact Dr. Freeman by registered mail to determine if he has
chosen to withdraw from the insurance plan(s). If payment is not received within
thirty (30) days of the receipt notice, he will no longer be enrolled in the insurance

plan(s).

Contribution of the value of all unused sick days, bonuses, and incentives into a
Section 403(b) tax sheltered account of the employee?s choice up to the amount
permissible by law. Any amounts in excess of the shelter limit will be contributed in
subsequent tax years up to the amount permissible by law, payable on the ?rst
business day of the new tax year.

Gene Freeman, 
20 I 8-2023

37.

38.

39.

40.

41.

43.

Death. In the event of Dr. Freeman?s death while employed, any money due under the
unused sick, vacation, and severance provisions will be made in accordance with IRS
regulations.

OTHER TERMS AND CON121T10NS

In the event that any action is initiated or believed to be initiated against Dr. Freeman, in
any court of record, or before any administrative agency, as a result of his actions in the
proper performance of his duties and within the scope of his employment, the District
shall defend, hold harmless, and indemnify Dr. Freeman from any and all such demands,
claims, suits, actions, and legal proceedings brought against him in his capacity as agent
and employee of the District and shall provide legal counsel and render all necessary
assistance to Dr. Freeman in his defense. If, in the good faith judgment of Dr. Freeman, a
con?ict exists between the legal position of Dr. Freeman and the legal position of the
District in regard to the defense of any such demand, claim, suit, action, or legal
proceeding, Dr. Freeman may engage independent counsel, and the District shall
reimburse Dr. Freeman for the reasonable expense of such legal defense. It is understood
and agreed that the foregoing provisions of this paragraph shall not apply to discharge or
removal proceedings initiated by the District. The District's provision of legal counsel and
payment of legal costs for Dr. Freeman shall not constitute an admission by the District of
its liability for any complained of action by Dr. Freeman.

Outside Work. Dr. Freeman agrees to devote his full-time attention, energy, skills and
labor to his employment as District Superintendent during the term of this agreement.
Subject to Board approval, the District Superintendent is permitted to engage in other
consultative work, speaking engagements, writing, lecturing, adjunct teaching or other
professional services. In the Board?s discretion, these activities shall not interfere with the
District Superintendent?s duties under this agreement.

Savings Clause. Should any term or speci?c clause of this Agreement be declared in
violation of federal or state law, such term or clause shall be null and void, however the
remainder of the agreement shall remain in full force.

Applicable Law. This Agreement shall be construed in accordance with and governed by
the laws of the Commonwealth of 

Headings and Titles. Section headings and titles contained in this Agreement are for
reference purposes only and shall not in any way affect the meaning or interpretation of
this Agreement.

Joint Draft. This Agreement has been the subject of mutual negotiations between the

parties with both parties having consulted, or having the opportunity to consult counsel.
This Agreement shall be construed to have beenjointly drafted by the parties.

10

 Gene Freeman, 
EDIE-2023

44. Modi?cation of Agreement. This Agreement shall not be modi?ed except in writing
signed by Dr. Freeman and approved by the Board, and executed by an authorized of?cer
of the Board.

45. Entire Agreement. This writing contains the entire agreement between the parties.

IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
caused this agreement to be duly executed the day and year ?rst-above written.

Attest:

 

  

 

  

 

   

Kathleen Anuszek, Secretary Terry L. rgims,
Board of School Directors Board of School Directors
Witness:

Gene Fre an, 
District uperintendent

ll

Gene Freeman, 

2018-2023
APPENDIX A
JOB DESCRIPTION - DISTRICT SUPERINTENDENT
Summarv

Serve as the Chief Executive Of?cer of the School District. Provide leadership in developing and
maintaining comprehensive educational programs and services that advance the mission of the
District. Oversee and administer the use of all District facilities, property, and funds to ensure
maximum ef?ciency. Supervise School District administrative staff.

Duties and Responsibilities

1.

2.

10.
11.

Provide educational leadership that offers a quality education for all District students.

Administer the school code and all legal requirements pertaining to public education, and
the policies and administrative procedures of the School District.

Establish annual areas of focus and initiatives adopted by the School Board and move the
School District toward the ful?llment of Board-de?ned goals.

Provide input and information to the Board of Directors to assist them in developing
policies and in theirdecision-making.

Organize, administer, and supervise all school departments and personnel in order to
produce the educational goals established by the School District; coordinate an effective
recruitment, hiring and orientation program to attract and retain quali?ed staff members.

Establish and maintain a sound organization, which will provide for all essential functions
of the District, recommending preposed organization revisions, selection, appointment,
transfer, promotion, reduction or termination of school personnel.

Supervise the preparation and presentation of the annual budget; provide overall control
of the District's ?nancial activities and take appr0priate action to assure that expenses are
kept within currently approved budgetary limits.

Visit the District schools on a regular basis to monitor the effectiveness of District policies
and programs, and attend District-wide events; make recommendations tothe Board of
Directors regarding their adequacy.

Oversee and facilitate all School District construction and renovation projects and act as
a liaison to the School Board for all constructionmatters.

Maintain active contact and familiarization with all local, state, and federal programs.
Represent the School District at local, state, and national meetings appr0priate to the

educational program.

12

Gene Freeman, 

2018-2023

12. Assign various administrative tasks to appropriate members of the leadership team and
monitor the successful completion of those tasks.

l3. Oversee a comprehensive and positive public relations program that promotes the School
District in the community.

14. Promote close c00peration between parents, teachers, and other School District staff as
well as represent the School Board as a liaison between the School District and
community.

IS. Perform other duties as assigned by the Board of Directors.

13